A settlement-based quashing petition against an FIR and final report for offences under Sections 323 and 353 IPC. The court found the compromise voluntary and fair, relied on Supreme Court precedent, and quashed the FIR, final report and further proceedings.
Annexure A1 FIR and Annexure A2 Final Report in Crime No.2816/2019 and all further proceedings quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA,
1946
CRL.MC NO. 7769 OF 2022
CRIME NO.2816/2019 OF Cherthala Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.757 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHERTHALA
PETITIONER/S:
THAMBI
AGED 53 YEARS
S/O MADHAVAN, PUTHENTHARAYIL HOUSE, WARD NO.2,
KUTHIATHODE(P.O), KUTHIATHODE, ALAPPUZHA, PIN -
688533
BY ADVS.
CIMIL CHERIAN KOTTALIL
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
LEO LUKOSE
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 6820312BIJU GOPLAN
AGED 51 YEARS
S/O GOPALAN, NANA GARDENS(H) PODIYADI P.O,
NEDUMBANAM GRAMA PANCHAYATH, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT, PIN – 689110
BY PUBLIC PROSECUTOR SRI G SUDHEER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 03.04.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C.,No.7769 of 2022
..2..
K.BABU, J .
Crl.M.C.No.7769 of 2022
Dated this the 3rd day of April, 2024
O R D E R
The prayer in this Crl.M.C. is to quash Annexure A1 FIR and Annexure A2 Final Report in Crime No.2816 of 2019 of Cherthala Police Station and all further proceedings pursuant to it on the ground that the parties have arrived at a settlement in respect of the subject matter.
punishable under Sections 323 and 353 of IPC.
counsel. The affidavit sworn to by him has also been placed before this Court.
..3..
Crl.M.C.,No.7769 of 2022
[(2019) 5 SCC 688] the Apex Court held that the High
Crl.M.C.,No.7769 of 2022
..4..
Court, invoking Section 482 of Cr.P.C., can quash criminal proceedings in relation to non-compoundable offences, where the parties have settled the matter between themselves notwithstanding the bar under Section 320 of Cr.P.C., if it is warranted in the given facts and circumstances of the case, to ensure ends of justice or to prevent abuse of the process of any Court.
Crl.M.C.,No.7769 of 2022
..5..
Resultantly, the Crl.M.C is allowed. Annexure A1 FIR and Annexure A2 Final Report in Crime No.2816 of 2019 of Cherthala Police Station and all further proceedings pursuant to it stand hereby quashed.
Sd/- K.BABU JUDGE
kkj
Crl.M.C.,No.7769 of 2022
..6..
APPENDIX OF CRL.MC 7769/2022
PETITIONER ANNEXURES
Annexure A1 |
THE CERTIFIED COPYNO:2816/2019 DATEDWITH FIS. |
OF THE FIR IN25.10.2019 |
CRIMEALONG |
|---|---|---|---|
Annexure A2 |
CERTIFIED COPY OF |
THE FINAL |
REPORT |
DATED 11.12.2019JUDICIAL IST CLASSI, CHERTHALA IN C.C |
FILED BEFORMAGISTRATE'S.NO.757/2020. |
E THECOURT- |
|
Annexure A3 |
AFFIDAVIT FILED BY |
THE 2ND RES |
PONDENT |
DATED31.10.2022SETTLEMENT. |
AFFIRMING |
THE |
1 issue framed by the court
Whether criminal proceedings under Sections 323 and 353 IPC can be quashed on the ground of a voluntary settlement between the parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶8
2012 (4) KLT 108 (SC)
Narinder Singh and others v. State of Punjab and OthersRelied on¶8
(2014) 6 SCC 466 · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersRelied on¶8
(2019) 5 SCC 688 · Who else cites this
3 provisions across 2 enactments
Thambi
State of Kerala represented by Public Prosecutor
Biju Goplan
K. BABU
As recorded by the court registry
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